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HELP! Faulty Car Purchased from Dealer - Consumer Rights Act 2015?
Hi all,
I’ve posted on here previously about this faulty car bought from a used dealer, however the situation has now escalated and so I’m creating a separate thread in the hope of some advice. The dealer in question is a fairly small dealer, who owns a small forecourt with around 15-20 cars in stock at a time.
The story so far is as follows:
I purchased a Citreon C4 with 69,000 miles from the dealer on April 9th for £1,595. I also purchased a warranty through the dealer, which was with a separate company, for 12 months. On the same day of purchase, an oil pressure fault came up on the display and so the dealer arranged to have it fixed at a local garage he uses. It turned out to be a collapsed air filter. Two days later, my partner and I gave birth to our first baby, and so for the next 3 weeks, the car sat on our drive way unused (our other car is the main family vehicle). After 3 weeks, I was due to return to work after paternity leave and on attempting to start the C4, it failed. I contacted the dealer who again arranged to have it repaired at the garage he uses (although I had to use my own breakdown assistance to have it towed there). It turned out to be the fuel pump had gone and so this was replaced.
Less than a week later, the oil pressure fault returned and it was at this point I originally posted on here asking for advice (http://legalbeagles.info/forums/show...699#post729699)
I decided at this point that with the hassle of cancelling insurance / tax and losing money on these, I would give the dealer one more chance and so agreed to let him have the car repaired again. It turned out this time to be an oil switch that was faulty. The car was fine for a few weeks after this however last week an ‘engine temp too high’ fault was displayed. I refilled the car with coolant but a day later the temperature was too high again and on checking the coolant tank, it was empty; a coolant leak… Great!
In addition to this, an intermittent ‘Seatbelt / Airbag’ fault has occasionally been displayed over the last few days too.
And to top this all off, 2 days ago, I received a letter from the external warranty company, stating that my warranty had been cancelled because they had been chasing the dealer for payment and he had not paid.
I’ve done less than 450 miles (at least 100 of which are miles to and from garages for repairs / garages test driving the vehicle after repair) and now count 5 separate faults along with the fact that the warranty I purchased with the car has been cancelled because the dealer has not paid them.
I’d decided enough was enough and informed the dealer that I was now rejecting the vehicle and wanted by money back under the Consumer Rights Act 2015.
Upon informing him that I was rejecting the car for the above reasons, he explained that the reason he hadn’t paid the warranty company was because a Rep from said company had apparently told him that they wouldn’t pay out on any claims, until he had sold a certain number of warranties… So he ‘Nobly’ ended his partnership with them and just ‘hadn’t gotten around to informing all of his customers yet’… Right.
I told him that regardless of this, I was still rejecting the car and wanted my money back. He responded by saying “well, I’ll have to take it to my garage first and see what they say”. And in the meantime, offered a refund on the warranty. I told him that I was not accepting a refund on the warrant at this point as this is part of my dispute. He then went on to say that he wasn’t a ‘big dealer’ and if he had the money available to just offer me a refund, he would, but that he doesn’t. I told him that I have a legal right to my money back as the car was not sold fit for purpose etc.
The conversation was left with us agreeing that I would return the car to him this afternoon and he would take to his garage to get their advice, but with the understanding that I would be expecting my money back regardless of what his garage says. He said “I’m sure we will sort it all out on Friday”.
As I understand that as it’s over 1 month, but less than 6, I am entitled to a full refund minus any fair usage costs…. How might one calculate / argue these? If that car was purchased at 69k miles for £1600, is it fair to assume a ‘per mile cost’ of 0.023p x 450 miles I have done = approx. £10.50… plus tyre usage? How else might this be calculated?
My other question is around timescales. How long is reasonable for him to take to his garage and ‘decide’ if he is going to offer me a refund and then how long is reasonable to wait for him to pay it?
I’m fairly sure he will try to wriggle out of this any way he can and am looking for any advice etc. I feel like this is probably heading towards the small claims court and have no idea how that works / costs involved etc. and what happens in the meantime (I’ll be without a car and without my money to purchase a new one?).
Any advice would be very much appreciated!
I’ll update this evening after taking the car back today…
I’ve posted on here previously about this faulty car bought from a used dealer, however the situation has now escalated and so I’m creating a separate thread in the hope of some advice. The dealer in question is a fairly small dealer, who owns a small forecourt with around 15-20 cars in stock at a time.
The story so far is as follows:
I purchased a Citreon C4 with 69,000 miles from the dealer on April 9th for £1,595. I also purchased a warranty through the dealer, which was with a separate company, for 12 months. On the same day of purchase, an oil pressure fault came up on the display and so the dealer arranged to have it fixed at a local garage he uses. It turned out to be a collapsed air filter. Two days later, my partner and I gave birth to our first baby, and so for the next 3 weeks, the car sat on our drive way unused (our other car is the main family vehicle). After 3 weeks, I was due to return to work after paternity leave and on attempting to start the C4, it failed. I contacted the dealer who again arranged to have it repaired at the garage he uses (although I had to use my own breakdown assistance to have it towed there). It turned out to be the fuel pump had gone and so this was replaced.
Less than a week later, the oil pressure fault returned and it was at this point I originally posted on here asking for advice (http://legalbeagles.info/forums/show...699#post729699)
I decided at this point that with the hassle of cancelling insurance / tax and losing money on these, I would give the dealer one more chance and so agreed to let him have the car repaired again. It turned out this time to be an oil switch that was faulty. The car was fine for a few weeks after this however last week an ‘engine temp too high’ fault was displayed. I refilled the car with coolant but a day later the temperature was too high again and on checking the coolant tank, it was empty; a coolant leak… Great!
In addition to this, an intermittent ‘Seatbelt / Airbag’ fault has occasionally been displayed over the last few days too.
And to top this all off, 2 days ago, I received a letter from the external warranty company, stating that my warranty had been cancelled because they had been chasing the dealer for payment and he had not paid.
I’ve done less than 450 miles (at least 100 of which are miles to and from garages for repairs / garages test driving the vehicle after repair) and now count 5 separate faults along with the fact that the warranty I purchased with the car has been cancelled because the dealer has not paid them.
I’d decided enough was enough and informed the dealer that I was now rejecting the vehicle and wanted by money back under the Consumer Rights Act 2015.
Upon informing him that I was rejecting the car for the above reasons, he explained that the reason he hadn’t paid the warranty company was because a Rep from said company had apparently told him that they wouldn’t pay out on any claims, until he had sold a certain number of warranties… So he ‘Nobly’ ended his partnership with them and just ‘hadn’t gotten around to informing all of his customers yet’… Right.
I told him that regardless of this, I was still rejecting the car and wanted my money back. He responded by saying “well, I’ll have to take it to my garage first and see what they say”. And in the meantime, offered a refund on the warranty. I told him that I was not accepting a refund on the warrant at this point as this is part of my dispute. He then went on to say that he wasn’t a ‘big dealer’ and if he had the money available to just offer me a refund, he would, but that he doesn’t. I told him that I have a legal right to my money back as the car was not sold fit for purpose etc.
The conversation was left with us agreeing that I would return the car to him this afternoon and he would take to his garage to get their advice, but with the understanding that I would be expecting my money back regardless of what his garage says. He said “I’m sure we will sort it all out on Friday”.
As I understand that as it’s over 1 month, but less than 6, I am entitled to a full refund minus any fair usage costs…. How might one calculate / argue these? If that car was purchased at 69k miles for £1600, is it fair to assume a ‘per mile cost’ of 0.023p x 450 miles I have done = approx. £10.50… plus tyre usage? How else might this be calculated?
My other question is around timescales. How long is reasonable for him to take to his garage and ‘decide’ if he is going to offer me a refund and then how long is reasonable to wait for him to pay it?
I’m fairly sure he will try to wriggle out of this any way he can and am looking for any advice etc. I feel like this is probably heading towards the small claims court and have no idea how that works / costs involved etc. and what happens in the meantime (I’ll be without a car and without my money to purchase a new one?).
Any advice would be very much appreciated!
I’ll update this evening after taking the car back today…
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